Worksheet (Ws-1) Augmented Estate – Haw.rev.stat. §§ 560:2-205-208 (2007)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Worksheet (Ws-1) Augmented Estate – Haw.rev.stat. §§ 560:2-205-208 (2007) is a commonly used form within Hawaii. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Worksheet (Ws-1) Augmented Estate – Haw.rev.stat. §§ 560:2-205-208 (2007)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Worksheet (Ws-1) Augmented Estate – Haw.rev.stat. §§ 560:2-205-208 (2007):

• This form pertains to the State of Hawaii

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Hawaii’s Form Worksheet (Ws-1) Augmented Estate – Haw.rev.stat. §§ 560:2-205-208 (2007) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Hawaii form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Hawaii probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Worksheet (Ws-1) Augmented Estate – Haw.rev.stat. §§ 560:2-205-208 (2007), take a break, and then review. Probate and estate settlement processes in HI are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Worksheet (Ws-1) Augmented Estate – Haw.rev.stat. §§ 560:2-205-208 (2007) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Worksheet (Ws-1) Augmented Estate – Haw.rev.stat. §§ 560:2-205-208 (2007) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Hawaii.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Hawaii can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Hawaii. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Hawaii is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Hawaii probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Hawaii probate clerk or court for exact answers regarding Form Worksheet (Ws-1) Augmented Estate – Haw.rev.stat. §§ 560:2-205-208 (2007), and when in doubt— consult a qualified trust & estates lawyer for that area.

Worksheet (Ws-1) Augmented Estate – Haw.rev.stat. §§ 560:2-205-208 (2007) is one of the many probate court forms available for download through Atticus.

It may also be available through some Hawaii probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Hawaii.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Worksheet (Ws-1) Augmented Estate – Haw.rev.stat. §§ 560:2-205-208 (2007) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Hawaii probate court office.

Worksheet (Ws-1) Augmented Estate – Haw.rev.stat. §§ 560:2-205-208 (2007) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Hawaii-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Hawaii Form Worksheet (Ws-1) Augmented Estate – Haw.rev.stat. §§ 560:2-205-208 (2007). You can use this to get an idea of the context of the form and what type of information is needed.

WORKSHEET (WS-1) AUGMENTED ESTATE— HAW. REV. STAT. §§ 560:2-205-208 (2007) Estate of A. NET PROBATE ESTATE WS1.01 Probate Estate WS1.02 Less: Funeral Expenses WS1.03 Administration Expenses WS1.04 Exempt property allowance WS1.04A Family allowance WS1.04B Homestead allowance WS1.05 Enforceable claims WS1.06 (Total of 1.02—1.05) WS1.07 Net probate estate (1.01 less 1.06) B. OTHER ASSETS OF DECEASED WS1.08 Property subject to D's general power of appointment * WS1.09 D's interest in Joint trust with rights of survivorship property * WS1.10 D's interest in payable on death, TOD or co- ownership with rights of survivorship * WS1.11 Insurance proceeds on D's life * owned by D or if D had a general power of appointment over policy or proceeds WS1.12 Other assets of D (total of 1.08—1.11) C. VALUE OF PROPERTY TRANSFERRED DURING MARRIAGE OR RECIPROCAL BENEFICIARY RELATIONSHIP TO THIRD PARTIES (T) (OTHER THAN BONA FIDE PURCHASERS) WHERE WS1.13 D retained life income or possessory interest WS1.14 D retained power to revoke, consume or invade D. TRANSFERS DURING MARRIAGE OR RECIPROCAL BENEFICIARY RELATIONSHIP AND WITHIN 2 YEARS OF DEATH WS1.15 D made outright Gift to T within two years of DOD in excess of $20,000/year/donee WS1.16 Transfers of insurance if includible under 1.11 but for the transfer* WS1.17 Transfers which would have been included under 1.08-1.11 or 1.13 or 1.14 but for the transfer WS1.18 Sum of 1.13, 1.14, 1.15-1.17 E. D's NET NON PROBATE TRANSFERS TO T (1.12 LESS 1.15) F. VALUE OF SPOUSE'S OR RECIPROCAL BENEFICIARY'S NON PROBATE PROPERTY WS1.19 Property to which spouse or reciprocal beneficiary is entitled by D’s death (e.g., joint tenancy property and life insurance) WS1.20 All property owned by spouse or reciprocal beneficiary at D's DOD WS1.21 Transfers by spouse or reciprocal beneficiary during marriage or reciprocal beneficiary relationship which would have been in spouse's or reciprocal beneficiary's augmented estate had spouse or reciprocal beneficiary died WS1.22 Total spouse's or reciprocal beneficiary's non probate property from D (total 1.17-1.19) WS1.23 AUGMENTED ESTATE EQUALS THE SUM OF 1. Net probate estate (1.07) 2. Other assets of D (1.12) 3. Plus transfer to third parties (1.18) 4. Plus spouse's or reciprocal beneficiary's property and transfers by spouse or reciprocal beneficiary WS1.24 (Total 1.16, 1.20) WS1.25 1.21 divided by two * Not passing to surviving spouse or reciprocal beneficiary NOTE: The provisions of H AW. REV. STAT. §§ 560:2-205-208 (2007) are complex and detailed. Study this section as to detail and time and method of valuation before using this worksheet. NOTE FURTHER: The augmented estate is a relatively new concept. The highlights are as follows: 1. All property of the surviving spouse or reciprocal beneficiary is now included, not just the portion derived from the deceased. (WS 1.22) 2. The share of the surviving spouse or reciprocal beneficiary is 50% only in the case of a long term marriage or reciprocal beneficiary relationship. If the marriage or reciprocal beneficiary relationship is of a shorter duration the percentage is based upon a sliding scale (vesting schedule) which increases with the length of the marriage or reciprocal beneficiary relationship. A fifteen year marriage or reciprocal beneficiary relationship is required for the full 50%. (WS 1.22) 3. Regardless of length of the marriage or reciprocal beneficiary relationship, the spouse or reciprocal beneficiary is granted a minimum share of $50,000, although this includes the spouse's or reciprocal beneficiary's own property. 4. The spouse's or reciprocal beneficiary's share is finally expressed as a fixed amount rather than as a fraction. 5. The amount of outright gifts within two years of death which is excluded is $20,000 per donee. (WS 1.11)